A Letter To The Judge

by Linda

What follows is a letter written by a parent of a person facing sentencing. The letter is simple and direct, asking the Judge to be aware of facts before passing sentence.

In a pre-Mandatory Minimums world, judges had the opportunity to consder the circumstances of a case and render justice. Now, legislatures have taken that part of American Justice out of the equation in favor of agitators who believe that justice means vengance.

Aside from the emotional identity you will feel with this mother, there is an important thing you can do. Adovcate to repeal Mandetory Minimum Sentencint and bring Justice back to the Courts.

Editor

As the March 3, 2010 sentencing date approaches for my son, Richard Cantilena, I have several points I'd like for you to consider. Even though what I have to say is after the fact, I think that it certainly brings up anomalies in the law that I want to present.

It is interesting to note that we did not go to trial as a result of the plaintiff's mother not wanting her daughter to go through a trial. However, if we did, it would have become apparent that she was a consensual participant in this incident. Not only was she a consensual participant in this incident but she actively initiated the incident by sending sex texting, not only to him, but to most of her high school boy students. I saw the pictures myself and was astonished as they were on, not only my grandson's phone, but his friend, Joshua Hough's who said she not only sent pictures online but pictures to AOL messaging. She instigated the entire scenario and pushed for him to come to her house not once but twice. Who is the predator here? Age is the anomaly. Would the Child Advocacy group be that supportive if they knew the plaintiff's sexual proclivities? Therefore, because of her age, the responsibility of this entire event defaults to Richard's responsibility. He certainly owns up to his responsibility in the incident but the anomaly here is that if the plaintiff had committed a felony such as murder, your office might decide to try her as an adult because you would feel that the plaintiff needs to take responsibility for the action regardless of the age. Another anomaly is that let's say plaintiff stole a car, who would be responsible for her actions, her parents. No one takes any responsibility in this incident except Richard. No intercourse was involved and, in fact, the third charge was a he said/she said situation which should have been thrown out, but even so, it certainly seems unreasonable that Richard has to have a sex predator label the rest of his life. As I said before, no sexual intercourse occurred, and even though there was no sexual intercourse, because she is a minor he is clumped into the violent, rape, and repeat offenders group which dictates his sexual predator label.

If he loses this job, he will never get another job even at McDonald's, let alone support his children. He will not be able to live in a decent home or apartment. Yes, the onus of responsibility falls on Richard. However, circumstances should be taken into consideration just as in the murder example. Since not having little and no sex with his wife of 15 years, he certainly was susceptible to this bombardment of sexual behavior from the plaintiff, and as a result made a real bad life changing choice. As stated in my previous letter, he never in his 44 years committed any type of criminal act, and I know for a fact, he will never again. Therefore, is there any way for the Judge to consider sentencing Richard to register for the first 5 years on the other counts, and then after that period of time, he had no convictions of the same nature he could apply for expungement of the label.

As I stated in my previous letter, I worked as Director of Security for the Criminal Division, U.S. Department of Justice, and by the way, Richard also worked for the Department of Justice so he had to pass a rigorous security clearance, I will do everything in my power to ensure that anyone who are clumped into the same category as Richard are given a fair clarification of the law. I will lobby with my congressman for change in the wording of the law so that everyone is not clumped together into one group as Hitler who clumped all ethnic groups into the category of unfit, and we know where that ended.

There has got to be some fairness in meting out justice. How do you do this? You look at all the circumstances, you look at the history of the person who committed the crime, and of course, you look at the victim and see if the victim is really a victim.

I know this is a strong letter but I am fighting for the life of someone who deserves punishment but a punishment that is fair and just, not subjective, but objective.

I am certainly available for any clarifications from your office.

[Signed]